WA state cannabis authorities prohibit processors from using hemp CBD to make delta-9-THC

The Washington Liquor and Cannabis Board (LCB) released a statement on Friday aimed at resolving the legal issue of making Delta-9-THC from hemp-derived CBD in the legal markets. The LCB called the process illegal, Marihuana Business Daily reported.

Marijuana growers have been concerned that their business has already been negatively impacted by a decline in biomass sales as processors choose to buy and manufacture delta-9-THC from hemp-derived CBD, a more cost-effective process.

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“Any manufacture of a THC product falls outside the licensing rights of a processor licensed by the LCB … can be viewed as a violation of the Controlled Substances Act and an abuse of the processor’s license,” the Liquor and Cannabis Board stated in a press release. “Licensed processors are not allowed to sell or buy THC products that are not legally produced by a licensed marijuana producer.”

Mixed answer

While some argue that the market will stabilize with the release of the LCB statement, others say the opposite, pointing out that an “interpretive statement” is not law and therefore it remains to be seen what will happen next and whether the regulators will will respond to it.

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Micha Sherman, a cannabis business owner in the state and Washington Sun and Craft Growers Association Board member said, “We need to see what the LCB is actually doing and how it transpires on the businesses and their behavior.”

Vicki Christophersen, Managing director of Washington CannaBusiness Association, noted that the statement underscored how “inconsistent” government regulators are with respect to compliance and enforcement.

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“The Liquor and Cannabis Board has again taken the position that responsible and highly regulated cannabis licensees may sell some illegal products,” said Christophersen. “The agency suddenly defined certain licensees operating in good faith in the legal cannabis market as violating the Controlled Substances Act.”

A similar situation exists with Delta-8-THC, as many states have decided to ban the production of CBD from hemp. Recently, however, Michigan decided to take a “higher road” and actually regulate the sale of Delta-8 THC.

This article originally appeared on Benzinga and was republished with permission.